When gathering personal data, the data subject has to receive the following information:
- The name and contact details of the data controller, including the data controller’s representative if applicable
- The contact details of the DPO (Data Protection Officer) if applicable
- The purposes of processing
- The legal basis of processing (Article 6).
- If you are using the legitimate interests condition to permit processing, you have to state what those legitimate interests are. You should also document why these interests are more substantial than the interests of the data subject who objects to this processing.
- Recipients or categories of recipients of the data (e.g. suppliers, accountants, …), if applicable
- If it is intended to transfer data to a third country, the appropriate or suitable safeguards and means of obtaining a copy of them (see US-EU Privacy Shield).
- The period for which the personal data will be stored or, if not possible, the criteria to determine that period.
- The data subject’s right to request access to and rectification or erasure of personal data and the right of portability.
- If you are using the consent condition to permit processing, you have to inform the data subject about their right to withdraw that consent at any time.
- The right to lodge a complaint with the supervisory authority.
- If the provision of data is a statutory or contractual requirement, or necessary to enter a contract, the consequences of not doing so.
- If applicable, the existence of automated decision making including profiling and, in those cases, meaningful information about the logic involved in such processing. Article 22 subparagraphs 1 and 4
- If the data is not directly collected from the data subject, additionally, you have to state where you got the data from and if applicable, if they originate from a publicly accessible source. More details and restrictions in Article 14 GDPR
If the data subject already has this information, you don’t have to transfer this information again.
The information obligation about data that has been received from third parties is often hard to implement correctly. Data from third parties are e.g. orders coming from intermediaries or data that has been researched from the internet. As mentioned before, you have to inform data subjects, according to article 14 GDPR, within 30 days about the processing.
Article 14 demands that data subjects have to be informed within 30 days about their data being processed if it is passed on to third parties.